Trump Executive Order Reveals New Registration and Fingerprinting Requirements

By: Kirti Kalra

Introduction

The United States Department of Homeland Security (USDHS) published a final rule on March 12, 2025, requiring all noncitizens 14 and older to complete the immigrant registration and fingerprinting process. The change comes after an advanced version of the rule was released early this month confirming the changes.

Penalties for Noncompliance

Noncitizens will be considered unregistered if they have not submitted all required forms and fingerprinting. Any unregistered noncitizens who do not comply with the new requirements will likely face civil and criminal penalties, including a $5,000 fine, imprisonment, or a combination of both. Failure to register and provide fingerprints will be considered a criminal offense and could result in imprisonment of up to six months. Other offenses, such as failure to declare a change of address, will be considered misdemeanors and could result in imprisonment of up to 30 days.

Children who are registered prior to their 14th birthday must re-register within 30 days following their birthday. Parents will be held liable if they do not complete the registration process for their children.

Evidence Requirements

It is essential for visa holders over the age of 18 to always keep proof of registration on their person. Failure to produce evidence of registration and fingerprinting may result in the same penalties as unregistered individuals. Several forms qualify as evidence of registration, including (but not limited to):

·    Arrival-Departure Record (Form I-94)

·    Crewmen’s Landing Permit (Form I-95)

·    Alien Crewman Landing Permit and Identification Card (Form I-184)

·    Nonresident Alien Canadian Border Crossing Card (Form I-185)

·    Nonresident Alien Mexican Border Crossing Card (Form I-186)

·    Order to Show Cause and Notice of Hearing (Form I-221)

·    Order to Show Cause, Notice of Hearing, and Warrant of Arrent of Aliens (Form I-221S)

·    Permanent Resident Card (Form I-551)

·    Employment Authorization Document (Form I-766)

·    Valid, unexpired nonimmigrant DHS admission

·    Foreign passport with a parole stamp

·    Proof of Registration (Form G-325R)

·    Completion of biometrics

Exempt Categories

Certain visa categories are exempt from the new requirements. This includes, A Visas, G Visas, and

individuals staying in the United States for less than 30 days, and Native Americans born in Canada who possess at least 50% blood of the Native American race who are present in the US under the authority of 8 USC 1359. Additionally, beneficiaries who have already provided their fingerprints and registered during their application process are not required to repeat the process.

Notably not exempt are Canadian citizens traveling into the United States for more than 30 days if they do not have a Form I-94. Canadians who do have a Form I-94 should carry it in order to remain compliant with registration requirements.

Conclusion

DHS is expected to continue to use the same forms for registration and fingerprinting. It is essential for nonimmigrants to consult an attorney and file the correct documentation required for their visa. The Chugh, LLP immigration team will continue to monitor the situation and provide updates as they become available. For any questions or assistance regarding the Noncitizen Registration Requirement, contact your trusted Chugh, LLP immigration professional.